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Imputed Fault Law
 
ROGER LEE JACKSON a/k/a ROGER JACKSON a/k/a ROGER L. JACKSON v. STATE OF MISSISSIPPI

In the early morning hours on November 11, 2014, two men were shot near Roach
Street in Jackson, Mississippi. One of the victims, Quincy McGowan, died. His body was
discovered in a nearby vacant lot by a passerby shortly after noon on November 11. Police
found ten 9 mm shell casings near the body, and a 9 mm projectile was recovered from
McGowan’s body during autopsy.
¶3. T... More...
   $0 (07-09-2018 - MS)

SPECIALTYCARE IOM SERVICES, LLC v. MEDSURANT HOLDINGS, LLC, ET AL.

SpecialtyCare IOM Services, LLC (“SpecialtyCare,” or “Appellee”) and Medsurant Holdings, LLC (“Holdings”) and Medsurant, LLC (together with Holdings, “Medsurant,” or “Appellants”) are direct competitors in the intraoperative
neurophysiologic monitoring services(“IOM”)industry. IOM services are typically used for patients undergoing operations related to the nervous system, or procedures that... More...
   $0 (07-09-2018 - TN)

Manmett S. Padda v. The Superior Court of Riverside County, GI Excellence, Inc., Real Parties in Interest

In this matter, we have reviewed the petition, its exhibits, and the letter response
filed by real parties in interest (hereafter real parties). We have determined that
resolution of the matter involves the application of settled principles of law, and that the
equities favor petitioners. We conclude that issuance of a peremptory writ in the first
instance is therefore appropriate.... More...
   $0 (07-09-2018 - CA)

Tiffanie Brooke Anderson v. The State of Texas

On the evening of April 25, 2013, Morey Schrader was the front seat passenger in a vehicle
driven by his wife in Plano, Collin County, Texas. Mr. Schrader’s daughter was a passenger in the
backseat. While the Schraders were stopped at a red light, appellant rear-ended their vehicle. None
of the Schraders were injured, but their vehicle was totaled. Mr. Schrader and appellant got out... More...
   $0 (07-07-2018 - TX)

Jose Mario Trevino v. The State of Texas

At trial, Trevino’s granddaughter “Child A”1 testified that under a custody arrangement,
she and her brother stayed at her maternal grandparents’ home every two weeks so that they could
visit their mother. According to Child A, during these visits, she and her much younger half-sister
slept in the same bed as her maternal grandfather, Trevino—with Child A sleeping in the middle
... More...
   $0 (07-07-2018 - TX)

STEPHEN DOUGLAS WHITE v. STATE OF KANSAS

White pleaded no contest to a charge of rape of a child under age 14. In exchange for his plea, the State dismissed two additional counts of the same charge. The State agreed to a departure sentence from a hard 25 life sentence to a sentence for a specified term of months, as defined in an agreed-upon sentencing guidelines grid box. The State's agreement was contingent on White presenting, and the... More...   $0 (07-06-2018 - KS)

STATE OF MONTANA v. SLADE ALLEN CLAWSON

On May 5, 2014, Clawson was charged in DC 14-239 with one felony and three
misdemeanor offenses. He pled not guilty on May 15, 2014, and was ultimately released
on bond on August 27, 2014. He subsequently failed to report to a court-ordered Sobriety
and Accountability Program resulting in revocation of his bond and issuance of a warrant
for his arrest. He was re-arrested Se... More...
   $0 (07-06-2018 - MT)

Sarah Meyer and Gail Wooldridge v. State of Oregon Marion County Courthouse - Salem, Oregon

Plaintiffs, Sarah Meyer and Martin Wooldridge, appeal from a general judgment dismissing their action against defendants Oregon State Lottery (the Lottery), Jill Goldsmith, Larry Niswender, Tessa Sugahara, John Kroger, and Craig Durbin.1 Plaintiffs assert five assignments of error. We reject plaintiffs’ fourth assignment of error without written discussion and write only to address their remaining... More...   $0 (07-05-2018 - OR)

State of Tennessee v. Darrell Wayne Smith

A Roane County Grand Jury indicted the defendantfordriving under the influence and violation of the financial responsibility law as a result of a car accident. The defendant was charged based on his interactions with the state trooper at the scene and the results of ablood test indicatingnarcotics levelssufficient to cause impairment.

At the outset of the defendant’s trial, the trial cou... More...
   $0 (07-05-2018 - TN)

State of Tennessee v. Lee Harold Cromwell

After a fireworks show on July 4, 2015, in Oak Ridge, Tennessee, the defendant reversed his truck through a crowded parking lot, killing one victim and injuring eight others. An Anderson County Grand Jury indicted the defendant for seventeen crimes, including one count each of vehicular homicide, criminally negligent homicide, reckless homicide, reckless endangerment with a deadly weapon, and dri... More...   $0 (07-05-2018 - TN)

GREGORY BALDWIN vs. CITY OF ESTHERVILLE, IOWA; MATT REINEKE, Individually and in his Official Capacity as an officer of the Estherville Police Department; and MATT HELLICKSON, Individually and in his Official Capacity as an officer of the Estherville Police Department

When we answer a certified question, we rely upon the facts provided with the certified question. See Bd. of Water Works Trs. of Des Moines v. Sac Cty. Bd. of Supervisors, 890 N.W.2d 50, 53 (Iowa 2017); Life Inv’rs Ins. Co. of Am. v. Estate of Corrado, 838 N.W.2d 640, 643 (Iowa 2013). Accordingly, we restate the facts as set forth by the federal district court:
The incidents giving rise to ... More...
   $0 (07-04-2018 - IA)

United States of America v. Jesus Gerardo Ledezma-Cepeda Northern District of Texas Federal Courthouse - Dallas, Texas

Jesus Ledezma-Cepeda (“Ledezma”) and Jose Cepeda-Cortes (“Cepeda”) appeal their convictions of interstate stalking and conspiracy to commit mur-der for hire. Cepeda appeals his conviction of tampering with documents or proceedings. Cepeda
2

to sever his case for trial, and Ledezma objects to evidentiary rulings. Discern-ing no error, we affirm.

I.

Ledezma was a memb... More...
   $0 (07-03-2018 - TX)

BRIAN K. ALLISON vs. STATE OF IOWA SUPREME COURT OF IOWA

A jury convicted Brian Allison of three counts of sexual abuse in the third degree in 2011. He appealed his conviction. In his direct appeal, Allison argued the district court erred in not granting him a new trial based upon the weight of the evidence under Iowa Rule of Criminal Procedure 2.24(2)(b)(6). Among other things, Allison noted the victim, his stepdaughter, initially denied the abuse, ... More...   $0 (07-03-2018 - IA)

STATE OF KANSAS v. DUSTIN D. WALKER

In the early morning hours of March 8, 2014, Michael Roberts awoke to banging on the front door of the apartment where he lived with his grandmother, Marilyn Howard; his father, Patrick Roberts; and his uncle, Wayne Roberts. Michael thought someone was kicking the door. As Michael got up, the front door swung open and two men entered the apartment—one in black clothing and one in light gray clothi... More...   $0 (07-02-2018 - KS)

In re the Marriage of William amd Diane Binette. William Binette, v. William Binette

APPEAL from the Superior Court of Riverside County. James T. Warren, Judge.
(Retired judge of the Riverside Super. Ct. assigned by the Chief Justice pursuant to art.
VI, § 6 of the Cal. Const.) Affirmed.
Westover Law Group, Andrew L. Westover and Morgan Cahill-Marsland for
Appellant.
Julie M. Clark for Respondent.
In this family law matter between William Binette (husband) ... More...
   $0 (07-02-2018 - CA)

STATE OF OHIO vs. WILLIAM ANTONIO SMITH

In the early evening of October 1, 2015, Smith left the Colerain
apartment of his girlfriend, Kirby Wynn. He traveled to the Evanston neighborhood
of Cincinnati. He visited Jackson at his apartment located at 3306 Fairfield Avenue.
Owens often shared Jackson’s apartment. Later that evening, Jackson’s daughter
entered the apartment and found Owens’ clothed, lifeless body lyin... More...
   $0 (07-01-2018 - OH)

Jake's Fireworks, Inc. v. R. Alexander Acosta, Secretary of Labor, United States Department of Labor District of Kansas Federal Courthouse - Wichita, Kansas

Jake’s Fireworks, Inc. (“Jake’s”), a fireworks importer and distributor, assigned
two employees to clean out its old facility. A fire broke out, injuring one employee and
killing the other. After an Occupational Safety and Health Administration (“OSHA”)
inspection, the Secretary of Labor (the “Secretary”) cited Jake’s for violating OSHA
safety and health standards. Jake’s contested... More...
   $0 (06-30-2018 - KS)

State of Nebraska v. Antonio Leon-Simaj, also known as Antonio Leon-Batz

Antonio Leon-Simaj, also known as Antonio Leon-Batz, was charged with one count of first degree sexual assault and two counts of possession of child pornography stemming from his relationship with E.Z. E.Z. was 14 years old at the time of trial and 13 years old at the time of the events in question.

.Z.’s Testimony
There are no pretrial motions in the record. Trial began with the test... More...
   $0 (06-28-2018 - NE)

Nick Pearson, et al. v. Target Corporation, NBTY, Inc. and Rexall Sundown, Inc. Northern District of Illinois Courthouse - Chicago, Illinois Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Inequitable settlements are an unfortu-nate recurring bug in our system of class litigation. Federal Rule of Civil Procedure 23(e) is designed to minimize such
2 No. 17-2275
problems, but appeals by class members who object to a set-tlement indicate that the system still needs improvement. All too often, class counsel negotiate a settlement with substantial attorneys’ fees but meager benef... More...
   $0 (06-27-2018 - IL)

United States of America v. Richard E. Paulus, M.D. Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Mark Twain once quipped that “there are three kinds of
falsehood: lies, damnable lies, and statistics.” Dr. Paulus begs to differ and insists that certain
statistical estimations cannot be false. As a cardiologist, Paulus interpreted hundreds of
angiograms—specialized x-rays that approximate how severely a person’s arteries are blocked.
A federal jury convicted him of committing he... More...
   $0 (06-25-2018 - TN)

STATE OF IOWA vs. MARSEAN T. FENTON Iowa Court of Appeals

In November 2015, the State charged Fenton with burglary in the third
degree from a motor vehicle, an aggravated misdemeanor, in violation of Iowa
Code section 713.6A(2) (2015). Fenton entered a written guilty plea, allegedly
conditioned upon the court’s acceptance of the negotiated sentence including a
180-day suspended jail term. Fenton planned to request a deferred judgmen... More...
   $0 (06-25-2018 - IA)

STATE OF KANSAS v. JOHN B. KOOP

John B. Koop appeals his conviction and sentence for attempted second-degree murder. The parties are well acquainted with the events that led to this conviction so we need not recount them here. We move directly to Koop's three claims of error: (1) this charge should have been dismissed because the State violated his right to a speedy trial; (2) he should get a new trial because the district co... More...   $0 (06-23-2018 - KS)

United States of America v. Gervais (Ken) Ngombwa Northern District of Iowa Federal Courthouse - Cedar Rapids, Iowa Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

The Rwandan Genocide is one of the darkest chapters in human history. Over
the span of 100 days, an estimated 800,000 people died. At least a million more were
displaced. During and shortly after the tragedy, the United States admitted a limited
number of refugees from Rwanda with priority given to those who were in the most
danger. Among those admitted were Gervais (“Ken”) Ngombwa... More...
   $0 (06-22-2018 - IA)

Michelle Dimanche v. Massachusetts Bay Transportation Authority, et al. District of Massachusetts Federal Courthouse - Boston, Massachusetts

The Massachusetts Bay
Transportation Authority ("MBTA") appeals from the entry of a jury
verdict awarding over $2.6 million in damages to a black female
former employee who brought suit under 42 U.S.C. § 1981 and Mass.
Gen. Laws ch. 151B, § 4. She alleges, inter alia, that her
supervisors at the MBTA conspired to terminate her employment
because of her race. The jury awarde... More...
   $0 (06-21-2018 - MA)

Jake Newland v. County of Los Angeles

An employee driving home from work on a day that he
did not have any job duties outside of the office injured a
third party. After a jury trial, the trial court imposed
liability on the employer based on evidence that the
employee regularly used his personal vehicle for work on
other days. The employer contends there was no substantial
evidence to support finding that the e... More...
   $0 (06-21-2018 - CA)

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